Daily Archives: December 10, 2020

CO: Judicial officer who leaked info about SW he signed was censured, but only after removal from office, a federal obstruction conviction, and disbarment

The respondent former judge told a friend to avoid a certain person when a drug task force search warrant was signed by him for the target. He was federally charged and pled guilty to obstruction of justice and was disbarred … Continue reading

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SD: Impending surgery exigency for warrantless blood draw

Defendant’s impending surgery was an exigent circumstance for a warrantless blood draw. “We have held that imminent medical care that threatens to destroy BAC evidence through blood transfusions, intravenous fluids, or natural dissipation over time may create exigent circumstances. … … Continue reading

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CA9: Gratuitous dog bite can be excessive force; no QI here

“Our precedent clearly establishes that releasing a police dog to bite a person who neither endangers officers nor attempts to flee or resist arrest violates that person’s Fourth Amendment right to be free from unreasonable seizure. … Viewing the evidence … Continue reading

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W.D.Va.: Assumption def had guest standing undermined at hearing; additional briefing ordered

While it was assumed by everyone that defendant was an overnight guest, the proof at the hearing was wanting that he was. “Here, Morris testified that she had four bedrooms in her house, two upstairs and two downstairs along with … Continue reading

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NM: Officer’s statement seeking consent he’d never been turned down for a SW was coercive

The officer’s statement seeking consent that he’d sought and obtained 222 search warrants and never been turned down for one was coercive. Thus, there had to be a showing of probable cause to the defendant and probable cause here was … Continue reading

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